A defendant who cannot afford necessary investigative or expert help may ask the court to fund a specific defense need, even if counsel is privately retained or working pro bono. The request must explain what the expert or investigator would do and why the defense needs that assistance; a general statement that an expert would help is not enough. People v. Worthy

Describe the work the defense needs

A useful request identifies the disputed issue, the proposed expert’s task, what evidence or work has already been done, and why that information cannot answer the question. Explain the case-specific need and relevant financial circumstances. The court decides whether assistance is necessary and what scope or amount is justified. This is not an automatic right to any preferred expert, and it does not use the special capital-case procedure in Penal Code section 987.9.

In Kings County, Local Rule 502 says expert or investigator fees ordinarily will not be paid or reimbursed without prior court approval. Seek approval before incurring the expense. A reimbursement claim must attach the approval order and disclose amounts previously requested under it and whether those requests were granted or denied. The order may be issued ex parte and kept confidential until the case concludes, but the rule does not promise blanket secrecy. Kings County Local Rule 502

Court-appointed expert is a different route

Evidence Code section 730 lets the court appoint an expert before or during trial and fix compensation. Section 731 generally charges the county for a criminal-case appointment unless the expert is appointed for the court’s own needs. Those provisions do not automatically create a confidential, defense-only expert relationship. The defense should raise confidentiality and access concerns when choosing the request route. Evidence Code section 730 · Evidence Code section 731

This is a trial-preparation request, not automatic funding for a sentencing expert after conviction. People v. Stuckey explains that Evidence Code section 730 itself does not authorize a postconviction sentencing expert; it does not erase any separate rule that may apply to a particular case. People v. Stuckey

For help evaluating a California defense-investigation or expert-funding issue, contact the Law Offices of David S. Chesley at (800) 755-5174.